Officials Order Home Owner to Take Down Yard Cross
- Posted on July 28, 2011 at 9:34pm by
Billy Hallowell
- Print »
- Email »
A First Amendment battle is brewing in Livingston, New Jersey, after officials told a local resident to take down a cross he had placed on a tree in his front yard.
These events unfolded after neighbors complained and officials upheld a littering ordinance that prohibits citizens from posting anything on structures, including trees. The regulation is breached if posted items are “calculated to attract the attention of the public.”
Patrick Racaniello’s cross apparently violated this stipulation. One neighbor, Toni Tremarco, complained to the media, saying, “I live three houses up and I don’t like having the cross staring right at me.” Below, watch an WABC-TV report on this intriguing situation:
Although Racaniello complied with the township’s request to remove the religious symbol, he decided he still wanted to display a cross in his yard. So, he erected a six-by-four foot replacement and put in near the front of his property. Simple fix, right? Think again. What was supposed to be a personal, celebratory measure ended up violating another town ordinance.
Because the new, larger cross was placed ten feet from the curb (in Livingston’s off-limits “right of way” area), Racaniello was forced to, again, make a change — or face fines. So, he moved the cross back behind the appropriate line; this finally satisfied the town, as it is now on display and is apparently not violating any city ordinances. Here’s where the situation takes a turn, though.
After dealing with the frustration of having to comply with township rules, Racaniello decided to take matters into more seasoned hands. NJ.com reports:
He…contacted the Arizona-based Alliance Defense Fund, a coalition of Christian lawyers that, according to its website, advocates on behalf of “the spread of the Gospel.” The alliance told the township it may take the matter to court if officials don’t allow Racaniello to put the cross wherever he wants on his property.
“We believe this is private property, and therefore he has a right to engage in this expression,” Jonathan Scruggs, a lawyer for the alliance, said in an interview. “We believe that either cross is protected by the First Amendment.
Currently, the Alliance is awaiting a response from the township before deciding if it will take the case to court. Livingston’s attorney, Sharon L. Weiner, though, says that the ordinances at hand are in place to protect the general public. In addressing the “right of way” regulation, she explains that it is “a distraction to the traveling public” when items are posted within the first 10 feet of a property.
But, she did concede that the town’s regulations will be amended to allow citizens to post on trees that happen to be on private property (and, of course, outside of the “right of way” zone). While Weiner doesn’t seem to think this case has the potential to go very far should the alliance choose to press it, other experts disagree. NJ.com has more:
Charles C. Haynes, a First Amendment scholar, said a federal law enacted by Congress a decade ago could trump the township’s regulations. In part, the Religious Land Use and Institutionalized Persons Act of 2000 says government entities cannot impose a land-use regulation that burdens a person’s free exercise of religion unless there is “a compelling governmental interest.” That regulation must also be the least restrictive to religious practice, the act says….
“Under current law, I think this guy has a pretty strong case,” said Haynes, also the director of the Religious Freedom Education Project at the Washington D.C.-based Newseum.
In the end, what started as a small, personal expression of religious allegiance may end up setting long-lasting legal precedent.
Popular Stories
Paper Details Obama Admin’s Alleged Secret Note Sent to Iran: If Israel Attacks, We Won’t Get Involved 568 Comments
‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 394 Comments
This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 384 Comments
Roseanne Barr: Most Billionaires ‘Violent Pedophiles’ & ‘Heartless’ Cocaine Addicts 368 Comments
President Obama Issues Major ‘Green Energy’ Executive Order 324 Comments
Faith
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 384 Comments
Pakistani Muslim Cleric Accused of Framing Disabled Christian Girl in Koran-Burning Case Read More- ‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 394 Comments
Meet the Controversial German Imam Accused of Brutally Beating His Wife & Pushing Sharia Law Read More
‘Self-Proclaimed Messiah’ & Unification Church Leader the Rev. Sun Myung Moon Has Died — Here’s His Life Story Read More
Business
- President Obama Issues Major ‘Green Energy’ Executive Order 324 Comments
- Germany’s Upcoming Court Ruling Will be Huge for the EU Read More
Ford Looks to Beat Toyota for Best-Selling Car in 2012 With This Model 150 Comments
Bernanke & QE3: Here’s What You Need to Know Read More- ‘Extortion’: Why Did the Labor Department ‘Drop the Hammer’ on Oregon Farmers? 302 Comments
Technology
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 384 Comments
‘TaserDrone’: Hackers Weaponize Quadcopter With Actual ‘Shocking’ Technology Read More
Ever Heard of the Wild ‘Burning Man’ Festival in the Middle of the Nev. Desert? Here’s Your Primer Read More
Stanford Develops Technology ‘Better Than Steroids’ for Athlete Recovery Read More
Have You Pretended to Know What ‘the Cloud’ Is? You’re Not Alone Read More
Submitting your tip... please wait!
Comments (333)
82dAirborne
Posted on July 28, 2011 at 10:02pmDon’t you dare take it down!
Report Post »StonyBurk
Posted on July 29, 2011 at 12:21pmAnd the Mojave Desert Cross memorial erected in 1934 and stolen in 2010 needs be replaced to Sunrise Rock with the Preserve–and the State of Fruits and Nuts penalized for this case by ceding five acres surrounding Sunrise Rock and the restored Memorial to the dead of all wars given to the VFW for proper Memorial and Mr.Sandoz granted free and clear title to all his acreage for the trouble he’s been put through. In the Jersey case– I agree with the property owner and the legal team he contacted.He has worked with the City to comply with their ordinances.Leave him alone. as for the blond nut job– It’s a cross bimbo–Crosses cannot stare you in the face.America was established and even New Jersey originally was part of a Christian nation (church of the Holy Trinity v. the United States ,1892 unanimous S.Ct. decision.
Report Post »Deuteronomy22
Posted on August 1, 2011 at 5:07amIt’s kind of cheesy looking made out of treated lumber and all. Definately not aesthetic. From the looks of it it could be a mailbox post or a clothing line post. Something nicer please.
Report Post »ChiefGeorge
Posted on July 28, 2011 at 10:01pmI would also contend that Toni’s irrational response is one of hate and anger towards those who seem to be tormenting him with a cross that stares at him. This is why the hate gets re-directed irrationally at Christians. When people are reminded that there is a God, a God who watches, keeps track and will ultimately judge the sins of man…that can be very scary indeed. Toni and many others like you will one day face judgment. I hope you find Christ by then because he is the only one that will keep you shielded from the fury of Gods judgment.
Report Post »hopetochange2012
Posted on July 29, 2011 at 10:01amAwesome response! How can two crossed beams offend anyone if he/she doesn’t believe in the significance of the cross? They shudder at the sight? Read James 2:19 “You believe that God is one; you do well. Even the demons believe – and shudder”.
As for the moon and sickle….sure, you have a right to display them. As a Christian, I’d feel sorry for you that you belong to a religion made up by Mohammed, where your god is a tyrant, demanding that you kill “infidels” and women are treated worse than cattle.
Report Post »rob0990
Posted on July 28, 2011 at 10:00pmThis country is full of self absorbed cry babies. She is offended by the cross. So don’t look at it. I have people on my street with garden gnomes, I hate the stupid creepy things so I guess I should start bawling to my city council. I am not a christian but I just don’t get offended with peoples beliefs.
Report Post »Lucy Larue
Posted on July 29, 2011 at 11:04amROBO990,
And to that I add….,AfreakingMEN!
REDDENBLACK,
Report Post »Please read Robo’s post at least 10 times. Try to get it into your cliche riddled,sychophantic thinking system. Mayhaps you have a flaw in your neural system that is not allowing full synapse?
SgtSpike
Posted on July 28, 2011 at 9:59pmI don’t do the Cross of the Savior, but I’m sure if Patrick had put up a Menorrah or a Star of David the same thing would have happened. I support him 100%. I think this may be an example of those small minded persons who think they should be able to dictate the actions of their neighbors. If, by chance, you’re unsure of whom I refer to as “those small minded persons” then I suggest you Google “Pelosi”, “Reid”, “Obama” or “Democrat”.
Report Post »Beckisdelusional
Posted on July 29, 2011 at 10:04amYou said : ” I think this may be an example of those small minded persons who think they should be able to dictate the actions of their neighbors.” I bet you $100 bucks that if your neighbor wanted to have an abortion (which is legal), I bet you would then become close-minded yourself and try to dictate her action huh. If not, I bet another $100 you would damn her and judge her every time you saw her huh hypocrite…
Report Post »beckwasfox
Posted on July 29, 2011 at 10:49amYou are delusional! Loving someone and advocating that they don’t murder an innocent baby is completly different than infringing on private property rights. What an upside down world you must live in?
Report Post »jfc1068
Posted on July 29, 2011 at 10:53am@ Beckisdelusional
You are like so many that dont really understand us. I can not stop a woman from having an abortion if she wants it. I am just sick an tired of being told I HAVE to pay for it.
Report Post »JRook
Posted on July 29, 2011 at 1:19pm@jfc1068 Great sound bite. Where exactly do you have to pay for it? And how do you explain the absurd legislative efforts in 12 states that are trying to remove women’s reproductive rights. The MS law actually seeks to ban birth control pills. Where is the focus on jobs, the economy and the excessive spending and things like unnecessary wars.
Report Post »getalong
Posted on July 30, 2011 at 6:26pmDear Beckisdelusional
Report Post »I don’t advocate for back alley abortions. What I do advocate for is honest, fact based information given to anyone seeking an abortion, AND it be done by a counselor AND not on the day the abortion is scheduled! What do I mean by fact-based information. Here is an example: Planned Parenthood refers to the life inside the woman as POC (Product of Conception). What a ridiculus term. Conception means “the hand of God imprints his image and likeness and creates a human life”. It was life he created NOT a product!. Every woman should have to watch a tape on the development of a child in the womb, and what they can feel at different stages. The woman should decide after seeing the video and being given fact-based information. Then if she still wants to get the abortion, she pays for it with NO TAXPAYER money, and it is done safely. In the end, she is the one who must live with the consequences. Also, the remains of these babies should be given the same rights as dead people, in that you can’t just flush them down the toilet or sell them to research labs and make a profit (are you listening Planned Parenthood?????).
sWampy
Posted on August 1, 2011 at 10:28amJRook typical liberal lies and half truths, the proposed MS law had in words that bans the few birth control pills that wait until after conception to do their job like ru486. This was removed before it was ever brought out of committee. Personally I don’t see the need for contraceptives that wait until after conception to do their jobs, but it’s not in there anymore anyway.
Report Post »right
Posted on July 28, 2011 at 9:59pmGod Bless all of us.
Report Post »___l___
l
l
LOOKING_BOTH_WAYS
Posted on July 28, 2011 at 10:07pmHere let me help ya
….†….†….†
Report Post »lel2007
Posted on July 28, 2011 at 10:33pmYour cross would be staring right at me, if the bottom leg had lined up.
Report Post »sisserydoo
Posted on July 28, 2011 at 10:39pm:o)
Report Post »becauseitmatters
Posted on July 29, 2011 at 1:38pmOh…Be careful with all of the crosses guys…
You might offend someone!
That would be terrible. ;) Then they’ll have to take you to court to make you remove your posts.
Report Post »TheGreyPiper
Posted on July 28, 2011 at 9:58pm‘ The regulation is breached if posted items are “calculated to attract the attention of the public.” ‘
Seems pretty clear to me. This guy isn’t interested in being a Christian, he’s interested in being an attention wh0re.
Report Post »SgtSpike
Posted on July 28, 2011 at 10:04pmAnd if your neighbor put a “For Sale” sign in his front yard that wouldn’t attract your attention?
Report Post »EyeofthePatriot
Posted on July 28, 2011 at 11:02pmMy name is Grey Piper and I pretend to know what other people “calculate”. *cry cry cry*. Give it a rest you troll and stop stomping on our rights -bigot!
Report Post »mharry860
Posted on July 29, 2011 at 12:18amSgtSpike, good job, total smack down. Makes you wonder who writes these laws, oh wait, never mind.
Report Post »Puppy
Posted on July 29, 2011 at 12:20amHow does that matter to you whether he’s an attention hoar or not? Live and let live and mind your own business is something certainly more of us need to do. The dried up hag who sounds like a three pack a day habit and didn’t like looking at it…well, I didn’t like looking at or listening to her but so what!
Report Post »looseyloo
Posted on July 29, 2011 at 12:43amSeems pretty clear to you, does it?
So, anybody who puts anything on their front lawn is an attention whore, but if somebody does not put something on their front lawn, you would instantly know that the owner of that house was not an attention whore.
That is pretty clear. Yes, I think you have this all figured out. Congrats.
Report Post »palmettopalflorida
Posted on July 29, 2011 at 8:00amTHEGREYPIPER: I believe it’s very clear who the “attention wh0re” is, and yes, it is YOU. Besides, it seems you‘re interested in chipping away at the man’s declared beliefs and put some doubts into reader’s minds. However I am interested in your rare talent of knowing “(who is, and) isn’t interested in being a Christian.” It would certainly make a missionary‘s and pastor’s task a lot easier. Oh wait, I believe “The Evil One” has that talent. So THEGREYPIPER, why did you respond to this article?
Report Post »ApokTheGreat
Posted on July 29, 2011 at 8:41amMy question here is: What is the point of communication (free speech) if you denied by law the potential of an audience?
Furthermore, is it not the point of communication to draw attention?
Piper, your comment about being an attention *hor* somehow includes you too. I am sure you post on this site to draw attention to yourself by posting inflammatory comments for the attention. Maybe your father didn‘t play catch with you as a child or your mother didn’t hug you. In either case, this makes you the very definition of a hypocrite.
Report Post »Judge not lest you be judged by the same standard you judge others. Accusing one of being x while you are an even bigger X is the definition of hypocrisy. This is an act of rebellion against God, and is a sin. All people have sinned and fallen short of God’s glory.
The cross symbolizes the blood sacrifice needed for reconciliation to God. Jesus, being God, was that blood sacrifice for our sins.
I desire that you seek God, find the cross and reconcile yourself to God through the blood Jesus shed so you may live eternally with God through his death and resurrection.
For God so loved the world that he gave his only begotten son that whosoever believes in him shall not perish but have everlasting life (John 3:16)
banjarmon
Posted on July 28, 2011 at 9:58pmMr. Racaniello, Thank you for standing strong in your faith!
Report Post »ChiefGeorge
Posted on July 28, 2011 at 9:57pmYes Toni….the cross can be a very convicting thing when you are not a believer and are actively rejecting God. God made us that way so we would ask ourselves why am I having this deep emotional irrational response to a piece of wood in a certain shape. Why Toni do you not like having crosses STARE AT YOU? Toni, read the Bible and find the truth out for yourself.
Report Post »wordweaver
Posted on July 28, 2011 at 10:40pmCouldn’t have said it better myself, Chief.
Report Post »Classical Liberal
Posted on July 28, 2011 at 9:55pmIt’s amazing how town ordinaces were used here to trample this mans freedom. Muslim neighborhoods will use ordinances to force sharia law into the public realm now.
Report Post »RightPolitically
Posted on July 28, 2011 at 9:54pmIt gets crazier and crazier. I live near a church and have one big ol’ cross starring in my direction. So what. This whole thing is out of control. These are small minded people looking for their fifteen minutes. How pathetic and empty is that?
Report Post »Lone Ranger
Posted on July 28, 2011 at 9:54pmIf a cross makes you uncomfortable, maybe you should examine your lifestyle. Now me, I’m uncomfortable when I see a pentagram.
Report Post »Captain Crunch
Posted on July 28, 2011 at 9:53pmBecause the world needs to know.
Report Post »Danola
Posted on July 28, 2011 at 9:52pmRead this;
Report Post »http://www.snopes.com/politics/religion/frankenmuth.asp
Classical Liberal
Posted on July 28, 2011 at 10:07pmThat was a good story. That town stood up together to defend what they held dear. That seems more rare as of late and gives hope when you here it.
We should all be like them and stand for our faiths and ideals. This country uses them as it’s very foundation.
Report Post »Lone Ranger
Posted on July 28, 2011 at 9:52pmIf a cross makes you uncomfortable, maybe you should examine your lifestyle.
Report Post »Ookspay
Posted on July 28, 2011 at 10:42pmAmen
Report Post »ErinLindsey
Posted on July 28, 2011 at 9:52pmI’m an atheist too, but it drives me nuts with the arrogance of people trying to keep Christians from expressing their religion. If people want to put up a cross in their yards, LET THEM! It’s their yard, their cross and their religion.
If it offends you, well, then…sorry you’re offended, but that’s just the way life is sometimes.
There is nothing offensive about a cross (well, unless it’s on fire and being used to terrorize someone, but that’s a different matter that has nothing to do with THIS story.)
Report Post »MrButcher
Posted on July 28, 2011 at 10:51pmcheers
bingo
Report Post »looseyloo
Posted on July 29, 2011 at 12:46amC’mon…It was staring that woman right in the eye, and she lives 3 houses up. Starin’ right at her.
She even went on TV and gave her full name, so she must have been really spooked by it …starin’ right at her from 3 houses away. Starin’.
Report Post »debkk9
Posted on July 29, 2011 at 1:12amthank you
Report Post »PeachyinGA
Posted on July 28, 2011 at 9:51pmI wouldn’t mind….as long as you didn’t set it on fire.
Report Post »SHOWMESTATEGUY
Posted on July 28, 2011 at 9:49pmToni Tremarco doesn’t like that cross staring right at her? She must have a guilty conscious. From the picture it doesn’t look all that intimidating to me.
Report Post »shane2813
Posted on July 28, 2011 at 9:49pmMARXIST=DEMOCRATS=TERRORIST All the same. Marxist don’t believe in GOD. Just ask Obama.
Report Post »Jaycen
Posted on July 28, 2011 at 9:48pmYep. I’m not even Christian. God bless this man, his rights, and America!
Report Post »BobNH
Posted on July 28, 2011 at 9:48pmToni Tremarco needs to get a life.
Report Post »Danola
Posted on July 28, 2011 at 9:47pmReplace some roof shingles to make the sign of the cross. And add some trim to your house in the sign of the cross. Don’t give up!
Report Post »Captain Crunch
Posted on July 28, 2011 at 9:47pmPaint it florescent orange and put a spot light on it.
Report Post »Rev.sLeezy
Posted on July 28, 2011 at 10:04pmGreat idea. Bright spot lights, real bright.
Report Post »Imagettinsome
Posted on July 28, 2011 at 10:54pmyes, with a mock crucifixion every friday at noon
Report Post »PelositheGreat
Posted on July 28, 2011 at 9:46pmfreedom of religion. all religions.
Report Post »Patriot Z
Posted on July 28, 2011 at 9:45pma mans home is his castle. this is rediculous, im athiest and i dont care so why should anyone else? better than stupid flamingos or garden trolls I say
Report Post »TEXAS-T
Posted on July 28, 2011 at 11:32pm@Patriot Z
Report Post »Thank God they don’t make the Pink Flamingo any more!
WhatWasShallBe
Posted on July 28, 2011 at 9:42pmI hope he puts up 6,000 crosses. Good for him.
Report Post »